2017 Midwest IP Institute

Looking forward to today’s sessions at the 2017 Midwest IP Institute at the outstanding Minnesota CLE Conference Center in Minneapolis.  Lots of good speakers on tap, beginning with this morning’s keynote, CAFC Judge Jimmie V. Reyna. I am up on the panel on venue after TC Heartland with Susan Morrison and Aaron Myers, moderated by John Adkisson. John pulled current filings stats for us to discuss, as well as trends we are seeing in practice.  I had my first post-In re Cray venue hearing the day before yesterday, so I can relay what I’m seeing as far as briefing and argument as well.

“Jurisdiction & Venue: Where Does the Case Belong?” – TexasBarCLE Advanced Civil Trial course

As I’ve posted on previously, I cowrote and am co-presenting Jurisdiction & Venue: Where Does the Case Belong? at this year’s TexasBarCLE Advanced Civil Trial course with David Lopez of San Antonio.  Davis covered San Antonio, aka the “fun” location last month, and I covered Dallas last week.  Houston is not till October, and that’s usually a coin toss.  No offense to you 214 and 713 lawyers – it’s just that you don’t have a lazy river and s’mores on site like the San Antonio hotel does. 

Attached is the paper and the slides, credit for which goes solely to David.  If you want to know why there’s a photo of Sam Elliot as Brig. Gen. John Buford in the movie Gettysburg … go watch Gettysburg and see what he says about the importance of good ground.

(Ed. note: picture of hotel not taken during my presentation).

“Post-Trial Motion Practice” – TexasBarCLE Advanced Patent Litigation seminar

My second paper this week is one I’m particularly excited about, and that is “Post-Trial Motion Practice” at the TexasBarCLE Advanced Patent Litigation seminar in Horseshoe Bay.  The paper and – more importantly – the slides are attached for subscribers, and the following cases I’ll be discussing are attached below for attendees. (You don’t need them to follow the presentation, but you may want to refer to them later).

i4i Ltd Partnership v Microsoft Corp

DDR – JMOL order




The seminar starts tomorrow morning and extends through Friday evening at a pretty posh resort in the Texas Hill Country, and includes a waterfront reception and cruise tomorrow evening jointly sponsored by the Association of Women Lawyers of the Eastern District of Texas and the Intellectual Property Law Section of the State Bar of Texas.  The Eastern District of Texas blog is also proud to be a sponsor of the seminar, which is a traditional meeting place for Texas layers involved in patent litigation.  

My presentation is the second to last of the seminar at 2:45 pm Friday, but the good news is that there’s something even more thrilling to lawyers after me, Attorneys Fees by Amanda Abraham of the Roth Law Firm also from Marshall.  (The sad thing is that I’m not being facetious – attorneys fees really is a thrilling topic to those of us that will be there, and given recent caselaw, it appears we’ll be ending on a high note).

Those to whom it will not be thrilling are our twins Collin and Parker who are being dragged to the seminar involuntarily, just so I can take them to the nearby National Museum of the Pacific War in Fredericksburg, Texas Saturday morning.  They are, sadly, used to this sort of bull, being forced to spend a lot of their family time in museums with Dad, most recently Omaha Beach at Normandy last month.  (They’ll appreciate it later, I’m sure).

Again, subscribers click through for the paper (including a sample “JMOL worksheet”) and the slides.

“Jurisdiction and Venue – Where Does the Case Belong?” – TexasBarCLE Advanced Civil Trial seminar

her things, venue, coauthored with David Lopez of Pulman, Cappucio Pullen Benson & Jones in San Antonio. The paper deals with the relative jurisdiction of state and federal courts, as well as the venue questions that come into play once you determine which court you want to – or can – file in.

While David and I initially planned on co-presenting the paper at as many of the three sites as possible, schedules intervened, as they often do on these three-site presentations.  The paper was supposed to be presented this morning in San Antonio at the Hyatt Regency Hill Country resort, but we swapped dates and times to help out another speaker so David will be presenting Friday morning at 10 am, when I already have to be in Horseshoe Bay to present a different paper (more on that later) at the Advanced Patent Litigation seminar.

The next presentation is in Dallas on August 16, but had to be rescheduled due to a pretrial conference.  I would tell you that because that case was stayed last night we’ll be back on then, but as that’s the day we take our oldest off to start college at Baylor and I have to drive my wife and I home after we leave our baby, I’m pretty sure it’ll get moved to the 17th or 18th. (I can tell the State Bar that’s a conflict – I can’t tell a federal judge that.  My wife disagrees, but fortunately the point has become moot).  The third and final presentation will be in Houston in October.

Subscribers click through for a copy of the paper, and when David gets me the slides I’ll add those as well.

I can’t believe I get to present a paper on JMOLs in patent cases

Yep, I can identify with the resurrected Agent Cooper in Twin Peaks experiencing his beloved coffee for the first time in 25 years, because I get to present later this week at the State Bar Advanced Patent Litigation seminar (cosponsored by this weblog) on post trial motion practice. Regular readers will know that means I am seriously going to town on the usefulness of JMOLs, including providing a tutorial on the use of JMOL worksheets. I’ll be posting later today or tomorrow with the paper, slides, and copies of the specific JMOLs I will be addressing in detail at the conference. Technically I am presenting two days before on the topic of forum selection at the State Bar’s Advanced Civil Trial seminar in San Antonio, but due to scheduling issues, coauthor David Lopez will be presenting that one also on Friday, and I’ll include more information on it when I upload that paper.

Institute for Law & Technology Annual IP Law Conference / Trial Procedure presentation slides

One armed paper hanger day again.

I’m headed for Plano shortly to cochair the planning committee for the Institute for Law & Technology’s flagship conference, the annual IP law conference which brings together intellectual property lawyers from around the United States for two days to discuss emerging issues in IP law, as well as providing a comprehensive review of developments in IP law over the year. The seminar is presented every November at the ILT’s home in Plano, and regularly includes modules on patent prosecution, trademark and copyright, patent litigation, technology, licensing and IP rights and ethical issues affecting IP lawyers.

The it’s to Austin for tomorrow’s Federal Court Practice seminar at the Texas Law Center, where I’m presenting on trial procedure in federal court as I’ve previously posted. I hear tell there’s a State Bar president-elect runoff finishing up tomorrow, so it should be a calm, Zen-like place right about then.

I’ve already put the paper up, but subscribers click through for the slides as well.

“Trial Procedure” – 2017 TexasBarCLE Federal Court Practice seminar

I will be speaking at next week’s Federal Court Practice seminar at the Texas Law Center in downtown Austin on the subject of trial procedure (click through for the paper).  I just realized that the seminar will be the subject of a live webcast, so if you’re interested in picking up 6.25 hours of CLE (including two hours of ethics) click here.

Topics include:
  • We’re Not in State Court Anymore – Navigating the Differences Between Texas State and Federal Court Practice
  • Service of Process, the Answer and Extraordinary Remedies
  • Pleadings
  • Removal and Remand
  • Dispositive Motions
  • Clerk’s Office Resources
  • Federal Rules Update
  • Federal Judges Panel
  • Trial Procedure (okay, I’m a little biased)
  • Sentencing Guidelines
  • Transitioning from Trial to Appeal: Post-Trial Motions

Again, click through for the paper, and I’ll add the slides when I get them updated.

2017 O’Connor’s Federal Rules * Civil Trials

Always a good day when we get the new year’s O’Connor’s Federal rulebook in.  Especially when it’s a blue cover year.  I have been editing this publication for 19 years now, but it’s always a thrill to actually see the new edition.

That having been said, I have already gotten one complaint about how thick the thing is this year, but that’s the unavoidable result of federal courts and Congress continuing to churn out caselaw and laws.  In fairness, there were no new laws from Congress affecting civil litigation in the past year, but lots of caselaw, including cases applying the extensive December 2015 amendments to the FRCPs which, along other things, substantially revised the scope of discovery in federal court.

And, finally, the new edition has a current photo of me on the back cover – I got tired of trying to convince people that the young, skinny guy on the back cover was me.  So no, that’s not my dad – it’s just not 2005 any longer.

The book includes 929 pages of commentaries, followed by annotated FRCP, FRE, FRAP, MDL rules, relevant advisory committee notes and 28 USC sections.  And for copies sold in Texas, the book includes the local rules for all four Texas federal courts, including EDTX.  It doesn’t have local patent rules or judges’ standing  orders or forms, but those are available on the EDTX website.

I’ve been using O’Connor’s since the state book came out in 1991 – and was immediately banned for use in Practice Court at Baylor because it made finding answers to Prof. Muldrow’s questions on civil procedure too easy.  In fact that first edition is still on my desk today.  Although strictly speaking it’s not there for its legal content, it is a reminder of how attached some of us get to our rulebooks.  I could hardly be more biased about how useful the books are, but I do think the federal book is a really good tool for those that spend a lot of time in federal court.

The book is available through O’Connor’s at https://www.oconnors.com/store/products/details/oconnors-federal-rules-civil-trials-2017.

Defend Trade Secrets Act of 2016. A New Frontier or an Old Best Friend of the Eastern District of Texas? – 2016 EDTX Bench/Bar Panel

I am remiss for not thanking my co-panelists on the Defend Trade Secrets Act of 2016. A New Frontier or an Old Best Friend of the Eastern District of Texas? at the recent EDTX bench/bar.  Enlightening all of us about the new statute and its interrelationship with prior state law were Gil Gillam of Marshall’s Gillam & Smith, Robert Kantner of Jones Day’s Dallas office, and Scott Partridge of Baker & Botts’ Houston office.  We had a great time putting together and presenting the panel, and I hope everyone enjoyed it as much as we did.